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(영문) 대구지방법원 2016.11.03 2016노487

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The Defendant committed the instant crime during the period of suspended execution due to drunk driving, and the blood alcohol content of the instant case is not lower than 0.079%, and the Defendant has already been punished four times due to drunk driving and one time due to unlicensed driving.

However, in full view of all kinds of sentencing conditions in the records, including the fact that the defendant recognized the facts charged and reflects the facts charged, etc., it is not recognized that the sentence of the court below is unreasonable as it is deemed unfair.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.